By Jane Musgrave
A week before Florida officials ignited a firestorm when plans surfaced for a golf course at Jonathan Dickinson State Park, Boynton Beach took steps to make sure Harvey E. Oyer Jr. Park will never be developed.
The move, which brought sighs of relief from dozens of commercial and recreational boaters, came even though there were no plans to develop the 8-acre waterfront park on Federal Highway that is named after a former city mayor, commissioner and pioneer who died in 2010.
“There was never any developer who came through to the city inquiring about developing the park,” City Manager Dan Dugger said after the Aug. 20 City Commission meeting.
Commissioners agreed that a restrictive covenant should be placed on the land to close a loophole that would have allowed the commercial use — or sale — of the park, which has a boat ramp that provides access to the Atlantic Ocean.
“We have used it for many years and will continue to use it for many years,” Vice Mayor Aimee Kelley told the dozens of boaters who crowded into the meeting. “We want to protect the park in perpetuity.”
Commercial development, including hotels and restaurants, would be prohibited under the proposal commissioners tentatively embraced. However, commissioners and boaters agreed a tackle shop would be a welcome addition.
If boaters forget ice, bait or other supplies, they have to leave the park to stock up, said Commissioner Thomas Turkin.
“It would be the same way we service the golf course with a private vendor … or the beach,” he said. “The fishing community deserves the same access.”
Turkin said he suggested that a restrictive covenant be placed on the park after Dugger alerted him that there was nothing that would block most of the park from being turned over to a private developer.
Part of it would be protected because the city accepted a $125,000 grant from the Florida Inland Navigation District to build a dock at the park for the police and fire departments. As part of the grant approval process, the city agreed to keep that part of the park in public hands, Dugger said.
While doing research for the grant, Dugger said it became clear that there was nothing to protect other parts of the park from development.
Dugger noted that the need for the restriction was starkly illustrated in the days after the meeting when the Florida Department of Environmental Protection acknowledged it was considering plans to let a private group build a 600-acre golf course on the 10,500-acre Jonathan Dickinson State Park, just over the Palm Beach County line in Martin County.
Faced with intense opposition from park lovers, environmentalists and lawmakers, the group withdrew its plans. But, as part of the state’s 2024-2025 Great Outdoors Initiative, development, including hotels and pickleball courts, is being considered in other state parks.
The commission has already recognized the need to protect city parks, Dugger said. In 2023, the commission prohibited development in a passive park next to Leisureville and did the same for Meadows Park.
He “wouldn’t be surprised” if more get the same protection.
Commissioners said they want to make sure the covenant remains in place. A unanimous vote of the commission should be required to lift the restriction, Turkin said.
Boynton resident Susan Oyer, who is the daughter of Harvey Oyer, said more protection was needed. She suggested that a referendum be required.
Turkin and Commissioners Angela Cruz and Woodrow Hay supported Oyer’s idea. “You should decide, not the people sitting up here,” Hay said.
Kelley sided with City Attorney Shawna Lamb, who said she didn’t think the matter could be decided by referendum. She promised to do additional research before the commission votes on a measure that would prohibit the development of the park.
Mayor Ty Penserga was absent.
The vote will probably come in November or December, Dugger said.
Turkin urged city residents to remain vigilant. “Do not lose sight and make sure you pay attention,” he told those who filled the commission chambers. “Because if you don’t pay attention, things like this will happen.”
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